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WIPO Arbitration and Mediation Center - Domain Name Disputes

World Intellectual Property Organization Arbitration and Mediation Center (the Center) Supplemental Rules for Charter Eligibility Dispute Resolution Policy (Supplemental CEDRP Rules)

 

1. Scope

(a) Relationship to Rules. These Supplemental CEDRP Rules are to be read and used in connection with the Rules for Charter Eligibility Dispute Resolution Policy for .travel (the CEDRP Rules).

(b) Version of WIPO CEDRP Rules. The version of these Supplemental CEDRP Rules as in effect on the date of the submission of the complaint shall apply to the administrative proceeding commenced thereby.

 

2. Definitions

Any term defined in the CEDRP Rules shall have the same meaning in these Supplemental CEDRP Rules.

 

3. Communications

(a) Modalities. Subject to Paragraphs 2(b) and 5(b) of the CEDRP Rules, except where otherwise agreed beforehand with the Center, any submission that may or is required to be made to the Center or to an Administrative Panel (Panel) pursuant to the CEDRP Rules, may be made:

(i) by telecopy or facsimile transmission, with a confirmation of transmission; or

(ii) by electronic mail (e-mail) using the address specified by the Center.

(b) E-Mail Address. For the purposes of any communications by electronic mail to the Center, including those required under Paragraphs 2(b) and 5(b) of the CEDRP Rules, the following address should be used: domain.disputes@wipo.int.

(c) Copies. When a paper submission is to be made to the Center by a Party, it shall be submitted in four (4) sets together with the original of such submission.

(d) Archive. The Center shall maintain an archive of all communications received or required to be made under CEDRP Rules.

 

4. Submission of Complaint

(a) Complaint Transmittal Coversheet. The Complainant shall be required to send or transmit its complaint under cover of the Complaint Transmittal Coversheet (CEDRP for .travel) set out in Annex A hereto and posted on the Center’s website.

(b) Registrar Notification. The Complainant shall provide a copy of the complaint to the .travel Registry at the same time as it submits its complaint to the Center.

(c) Complaint Notification Instructions. In accordance with Paragraph 4(a) of the CEDRP Rules, the Center shall forward the complaint to the Respondent.

5. Formalities Compliance Review

(a) Deficiency Notification. The Center shall, within five (5) calendar days of receiving the complaint, review the complaint for compliance with the formal requirements of the CEDRP, the CEDRP Rules and the Supplemental CEDRP Rules and notify the Complainant and the Respondent of any deficiencies therein.

(b) Withdrawal. If the Complainant fails to remedy any deficiencies identified by the Center within the time period provided for in Paragraph 4(b) of the CEDRP Rules (i.e., five (5) calendar days), the Center shall notify the Complainant, the Respondent and the Registry of the deemed withdrawal of the complaint.

(c) Fee Refunds. Unless the Complainant confirms its intention to re-submit a complaint to the Center following a deemed withdrawal, the Center shall refund the fee paid by the Complainant pursuant to Paragraph 19 of the CEDRP Rules, less a processing fee as set forth in Annex C.

 

6. Appointment of Case Administrator

(a) Notification. The Center shall advise the Parties of the name and contact details of a member of its staff who shall be the Case Administrator and who shall be responsible for all administrative matters relating to the dispute and communications to the Panel.

(b) Responsibilities. The Case Administrator shall provide administrative assistance to the Panel or a Panelist, but shall have no authority to decide matters of a substantive nature concerning the dispute.

 

7. Panelist Appointment Procedures

The Center shall endeavour to appoint a single Panelist from its published list of panelists for CEDRP .travel within five (5) business days following receipt of the response or the lapse of the time period for the submission thereof.

 

8. Declaration

In accordance with Paragraph 7 of the CEDRP Rules, prior to appointment as a Panelist, a candidate shall be required to submit to the Center a Declaration of Independence and Impartiality using the form set out in Annex B hereto.

 

9. Fees

The applicable fees for the administrative procedure are specified in Annex C hereto.

 

10. Word Limits

(a) The word limit under Paragraph 3(b)(ix) of the CEDRP Rules shall be 5,000 words.

(b) The word limit under Paragraph 5(b)(i) of the CEDRP Rules shall be 5,000 words.

(c) For the purposes of Paragraph 15(e) of the CEDRP Rules, there shall be no word limits.

 

11. Amendments

Subject to the CEDRP and CEDRP Rules, the Center may amend these Supplemental CEDRP Rules in its sole discretion.

 

12. Exclusion of Liability.

Except in respect of deliberate wrongdoing, neither a Panel nor the Center shall be liable to a Party or the .travel Registry for any act or omission in connection with the administrative proceeding.

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